Helping Families Through Difficult Times
The decision to end a marriage is difficult. Unfortunately, what is a life-altering event in the best of circumstances can turn into a nightmare if the parties start a legal battle without considering all the consequences – the thousands of dollars spent on legal fees, the months or years of litigation, and the stress on the immediate family and all relatives and friends. The first consideration should therefore be whether an uncontested divorce is possible. An uncontested divorce is an agreed divorce, where the parties agree on all issues before filing any documents in court.
In most cases there is no need to rush to file a petition or complaint for divorce and have the other spouse served by the Sheriff's Office. This is the way a typical divorce action is started when the parties are not in agreement on all issues. Most divorce law firms are geared towards litigation and they will have you sign a retainer and begin litigation as a matter of course. This is not necessarily the best decision.
If the parties are on speaking terms and both want a divorce, they should consider an uncontested divorce even if there are some disagreements. Differences can be overcome once the parties realize that an uncontested divorce in North Carolina costs much less (a flat fee), takes much less time, is much less stressful, keeps your marital life and finances private, and can yield a better agreement than what you would wind up with if you go to trial.
What Is An Uncontested Divorce?
In an uncontested or no contest divorce, you and your spouse agree on all issues before any papers are filed with the court. This means that both parties sign and notarize certain documents, including a Settlement Agreement, before they are filed. Beth Carter will prepare all the documents and file them electronically.
The main issues you must agree on include:
• Division of property
• Allocation of debt
• Alimony (spousal support)
• Child custody (we prepare the parenting plan based on your input)
• Child support (we prepare the worksheets)
If you and your spouse can agree on these issues, you have an excellent chance of completing your uncontested divorce. Even if you and your spouse have a few outstanding minor disagreements or uncertainties, an uncontested divorce will likely work for you.